n, whose
poverty made them both covetous and contemptible, it was enacted by
statute 18 Hen. VI. c. 11. that no justice should be put in
commission, if he had not lands to the value of 20_l._ _per annum_.
And, the rate of money being greatly altered since that time, it is
now enacted by statute 5 Geo. II. c. 11. that every justice, except as
is therein excepted, shall have 100_l._ _per annum_ clear of all
deductions; and, if he acts without such qualification, he shall
forfeit 100_l._ which[n] is almost an equivalent to the 20_l._ _per
annum_ required in Henry the sixth's time: and of this qualification[o]
the justice must now make oath. Also it is provided by the act 5 Geo.
II. that no practising attorney, solicitor, or proctor, shall be
capable of acting as a justice of the peace.

[Footnote m: Lamb. 34.]

[Footnote n: See bishop Fleetwood's calculations in his _chronicon
pretiosum_.]

[Footnote o: Stat. 18 Geo. II. c. 20.]

AS the office of these justices is conferred by the king, so it
subsists only during his pleasure; and is determinable, 1. By the
demise of the crown; that is, in six months after[p]. 2. By express
writ under the great seal[q], discharging any particular person, from
being any longer justice. 3. By superseding the commission by writ of
_supersedeas_, which suspends the power of all the justices, but does
not totally destroy it; seeing it may be revived again by another
writ, called a _procedendo_. 4. By a new commission, which virtually,
though silently, discharges all the former justices that are not
included therein; for two commissions cannot subsist at once. 5. By
accession of the office of sheriff or coroner[r]. Formerly it was
thought, that if a man was named in any commission of the peace, and
had afterwards a new dignity conferred upon him, that this determined
his office; he no longer answering the description of the commission:
but now[s] it is provided, that notwithstanding a new title of
dignity, the justice on whom it is conferred shall still continue a
justice.

[Footnote p: Stat. 1 Ann. c. 8.]

[Footnote q: Lamb. 67.]

[Footnote r: Stat. 1 Mar. st. 1. c. 8.]

[Footnote s: Stat. 1 Edw. VI. c. 7.]

THE power, office, and duty of a justice of the peace depend on his
commission, and on the several statutes, which have created objects of
his jurisdiction. His commission, first, empowers him singly to
conserve the peace; and thereby gives him all the power of the antient
con